Montgomery v. Brooks et al

Filing 50

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/24/13 ORDERING that by and between Plaintiff Ken Montgomery and Respondent Sgt. Brooks that the plaintiff voluntarily dismisses this action without prejudice. CASE CLOSED. (Dillon, M)

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Catherine Sempepos, SBN: 216901
Law Offices of Catherine Sempepos
1804 Garnet Avenue, suite 393
San Diego, CA 92109
Phone: [phone]; FAX: [phone]
[e-mail]
Attorney for Plaintiff
KENNETH MONTGOMERY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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)
)
Kenneth Gene Montgomery,
)
)
Plaintiff
) Case No.: 2:11-CV-03304-GGH P
)
v.
) STIPULATION OF DISMISSAL
)
Sergeant Brooks, Correctional Officer
Parker, sued in their individual capacities, )
)
and Does 5 – 100, inclusive,
)
Defendants
)
TO: ALL PARTIES AND THEIR COUNSEL OF RECORD
PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P.41(a)(1), plaintiff voluntarily

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Dismisses the above-captioned action against defendants Sergeant Brooks, Correctional Officer

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Parker, sued in their individual capacities, and Does 5 – 100, inclusive, without prejudice.

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Plaintiff represents that he has not and will not receive any payment, direct or indirect, in

STIPULATION - 1

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connection with the dismissal of the action.

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IT IS HEREBY STIPULATED by and between Plaintiff Ken Montgomery and
Respondent Sgt. Brooks that the plaintiff voluntarily dismisses this action without prejudice.

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Dated: 1-15-13
By:
/s/ Catherine Sempepos
Catherine Sempepos,
Attorney for Plaintiff,
KENNETH GENE MONTGOMERY
Dated 1-17-13
By:
/s/Michael G. Lee,
Michael G. Lee,
Attorney for Defendants,
SERGEANT BROOKS, et al.

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IT IS SO ORDERED
/s/ Gregory G. Hollows
_______________________________________
Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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January 24, 2013
________________________
DATE

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STIPULATION - 2